Margaret Gentzen, Attorney
Haley Spiewak, Law Clerk
Following a Title VII case arising from allegations against the St. Louis Police Department, where the plaintiff was transferred due to her gender, a recent Supreme Court decision, Muldrow v. St. Louis, was announced. The District Court, along with many circuit courts, held that a claim for a discriminatory transfer must demonstrate that the transfer caused a significant, material, or serious disadvantage or injury. The decision clarifies the protections granted under Title VII discriminatory claims.
The Supreme Court has ruled to resolve the circuit split regarding the transfer legal standard, which will affect many of the circuit’s current heightened standards, including the 1st, 2nd, 4th, 7th, 8th, 10th, and 11th circuits. Illinois falls within the 7th Circuit, and Missouri falls within the 8th Circuit.
The new standard to make a Title VII discrimination claim is that the “transferee must show some harm respecting an identifiable term or condition of employment.” This decision lowers the bar for Title VII claims that plaintiffs must meet when alleging discriminatory transfers. Plaintiffs, including those in Missouri and Illinois, will no longer have to prove a significant, material, serious, or substantial harm in relation to a job transfer.
Due to the new standard, it is important that employers take the necessary steps to prevent Title VII claims when transferring employees, a common business place practice. Employers should expect to document their business-related, nondiscriminatory basis for all employment decisions, including transfers.
Additionally, HR will need to assess any potential harm that may impact an employee, such as a change in hours, less responsibility, and more, when deciding to transfer an employee.
If you are an employer that has more questions regarding the implications of the Muldrow v. St. Louis Supreme Court opinion, contact Fox Smith at 314-588-7000.